Legal Question in Family Law in New Jersey

Re: House

If you are refinancing and your name will also be on the Note and Mortgage, you could have a deed recorded at the same time. The deed would transfer your husband's interest in the property to himself and you, as husband and wife.

If your name is not on title to the house, you would have to make a claim in the event of divorce or death of your husband. You would not have an automatic right to the house.

If you are placing your credit at risk for the new mortgage, you should also seek a legal interest in the house, that means to have your name in title also.

You should consult with a local attorney to advise you about your rights, your obligations, and your liabilities.

NJ Office: 900 Haddon Avenue, Suite 412, Collingswood, NJ 08108. Tel.: 856-858-7775.

Re: House

You have a right to a share in the house by virtue of you being married and it being your marital home. Also, it would be unusual for a mortgage company to close on a mortgage without your name on the property. Without more information or a formal attorney/client relationship, I cannot say anymore without it being considered advice. If you want more detail, you should see an attorney in your area or call my office.

Re: House

You have diminished rights since you are not on the Deed. Only a life estate if he were to predecease you, but not inheritance rights. It could be argued that this was his separate property in the event of separation and possibly not subject to equitable distribution, unless you could prove contribution to purchase and on-going costs. You do not say why you were not put on the Deed (poor credit is a possibility). At this time, as part of the refinance, I recommend putting you on the Deed and Note. This will give you full, uncontested, marital rights.